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Some legal points and questions:
1) you say this was a draft lease and the final version may differ, correct?
2) you also say you were asked to sign the lease, but do not remember doing so, correct?
3) if so, this must have been a brand new lease. You are the first and only leaseholder. Correct?
4) if not (ie you purchased an existing lease from a previous owner of the lease
a) you would not b required to sign it
b) you would have been given a copy of the existing ease, not a draft. So the lease you bought would have been identical
5) Be that as it may, you now own a lease which prohibits dogs. You cannot continue to breach the terms of the lease. Lying (eg it was not your dog) will ultimately make things worse.
6) your options are
a) do nothing. Wait for legal action to be taken against you, which you will lose
b) get rid of the dog
c) sell the lease, and buy somewhere where dogs are allowed
7) You may have a case against the solicitors. However
a) what do you have in writing from them, saying pets are allowed? Please quote.
b) they clearly said in their letter/email:
soThis document should be read in conjunction with the legal report. If you have any concerns as to the content, please contact us. A final version which may differ will be supplied in the post for signature once agreed.
c) you should have read the lease to check and
d) you should have read the 'final version' to check
So your case will be very flaky.....0 -
need_an_answer wrote: »don't make any assumptions until you have read the lease.
This is not something that you can blame on your solicitor,you should have checked the wording before you committed to the purchase.
Asking a professional a specific question and getting the wrong answer is pretty much the definition of professional negligence.
If you ask a solicitor a specific question about a legal matter, you are entitled to rely on their answer. That is what they are getting paid for.
Of course, the solicitor would probably only be at fault if they were explicitly asked whether pets were allowed in the property or not.0 -
need_an_answer wrote: »Just a few quick questions regarding the dog
Presumably you take it out daily for walks etc has no one actually ever seen you do this in the year that you have been there?
what about barking,how do you control that so that it isn't an issue to neighbouring properties?
I fail to see how you can "hide" a dog without being found out.
Yes it goes out around 3 times a day for a walk. We regularly pass people in the hallway who live at the property and on many occasions we have passed cleaners etc. who work for the management company, none of whom have ever said anything. I complained to the management company that the communal areas had not been cleaned for 3 weeks. The cleaner who came saw the dog even though we've seen him before but this time mentioned to the management company that he had seen someone with a dog from my flat. At this point the management company asked me and I said it was a friend visiting as I panicked. He doesn't bark at all and we have a pet cam so know he is quiet when were not there.0 -
what are you going to do when someone inevitably sees you on one of these 3 times a day adventures?0
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In reality, I'm not sure there is a lot the managing agent can do. No-pets clauses are almost impossible to enforce in the real world. Personally I would keep the dog.
You would technically be in breach of your lease. The legal remedy for breach of a lease is to claim damages. Damages are paid according to the loss suffered.
What is the landlord's loss suffered because you have a dog? Almost nothing I would think, and certainly less than the cost of them taking legal proceedings.
In theory the landlord could apply to an injunction ordering you not to keep a dog at the property. But this is expensive. I think it is very unlikely they would do so.
In all honesty, I would just keep a low profile. It is extremely unlikely that further action would be taken unless your dog is causing a real nuisance.0 -
steampowered wrote: »Asking a professional a specific question and getting the wrong answer is pretty much the definition of professional negligence.
If you ask a solicitor a specific question about a legal matter, you are entitled to rely on their answer. That is what they are getting paid for.
Of course, the solicitor would probably only be at fault if they were explicitly asked whether pets were allowed in the property or not.
The words were "I have read through the paperwork and the restrictions attached to the property and it does not appear that dogs and domestic animals are not allowed"
At this point I can see on my file that the legal report and draft lease were on my file so god knows what she looked at.0 -
Some legal points and questions:
1) you say this was a draft lease and the final version may differ, correct?
2) you also say you were asked to sign the lease, but do not remember doing so, correct?
3) if so, this must have been a brand new lease. You are the first and only leaseholder. Correct?
4) if not (ie you purchased an existing lease from a previous owner of the lease
a) you would not b required to sign it
b) you would have been given a copy of the existing ease, not a draft. So the lease you bought would have been identical
5) Be that as it may, you now own a lease which prohibits dogs. You cannot continue to breach the terms of the lease. Lying (eg it was not your dog) will ultimately make things worse.
6) your options are
a) do nothing. Wait for legal action to be taken against you, which you will lose
b) get rid of the dog
c) sell the lease, and buy somewhere where dogs are allowed
7) You may have a case against the solicitors. However
a) what do you have in writing from them, saying pets are allowed? Please quote.
b) they clearly said in their letter/email:
so
c) you should have read the lease to check and
d) you should have read the 'final version' to check
So your case will be very flaky.....
The only lease on the online portal is a draft lease. The only thing I signed was a deed of covenant. I have logged back onto my file and it clear says draft lease and the final lease will be sent tm me to sign which it was never.
Surely when these documents are available and a conveyencers says that they have checked the documents and pets are allowed that's professional negligence?
"I have read through the paperwork and the restrictions attached to the property and it does not appear that dogs and domestic animals are not allowed"0 -
I agree with you if the OP had put their question in writing to the solicitor and obtained a reply in writingsteampowered wrote: »Asking a professional a specific question and getting the wrong answer is pretty much the definition of professional negligence.
If you ask a solicitor a specific question about a legal matter, you are entitled to rely on their answer. That is what they are getting paid for.
Of course, the solicitor would probably only be at fault if they were explicitly asked whether pets were allowed in the property or not.
but it doesn't appear that the OP got anything from the solicitor in writing.
therefore a lot more difficult to prove the solicitors negligencein S 38 T 2 F 50
out S 36 T 9 F 24 FF 4
2017-32 2018 -33 2019 -21 2020 -5 2021 -4 20220 -
need_an_answer wrote: »I agree with you if the OP had put their question in writing to the solicitor and obtained a reply in writing
but it doesn't appear that the OP got anything from the solicitor in writing.
therefore a lot more difficult to prove the solicitors negligence
I asked the conveyencers if Dogs were allowed as I had a dog and wanted somewhere which allowed dogs.
I have the conveyencers reply in writing which says:
"I have read through the paperwork and restrictions attached to the property and it does not appear that dogs or domestic animals are not allowed".0 -
I asked the conveyencers if Dogs were allowed as I had a dog and wanted somewhere which allowed dogs.
I have the conveyencers reply in writing which says:
"I have read through the paperwork and restrictions attached to the property and it does not appear that dogs or domestic animals are not allowed".
Raise a complaint through the solicitor/conveyancer's firm then. However, that doesn't alter the fact that if your lease says not pets/dogs/whatever then you will not be permitted to keep the dog in the property. Lying to the management company and saying the dog belonged to a visitor wasn't a great idea.0
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